South Dakota Motion to Quash a Subpoena

Q: Is a South Dakota written objection the same as a motion to quash?

No. The written objection to a deposition document subpoena is served on the attorney designated in the subpoena under SDCL 15-6-45(d)(1). A motion to quash or modify under SDCL 15-6-45(b) is a separate motion asking the court to act.

Q: What is the deadline to file a motion to quash in South Dakota?

Under SDCL 15-6-45(b), the motion must be made promptly and in any event at or before the time specified in the subpoena for compliance.

Q: What are the grounds to quash a subpoena in South Dakota?

SDCL 15-6-45(b) allows the court to quash or modify a subpoena that is unreasonable and oppressive. A protective order under SDCL 15-6-26(c) can protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

Q: Do I have to confer with the other side before moving in South Dakota?

For a motion for a protective order, yes. SDCL 15-6-26(c) requires a certification of good-faith conferral. SDCL 15-6-45(b) does not state a conference requirement itself.

Q: Which South Dakota court hears a motion to quash a subpoena?

SDCL 15-6-45(b) lets "the court" quash or modify a subpoena on a timely motion. An order on an objection under SDCL 15-6-45(d) comes from the court from which the subpoena issued. For an out-of-state case, the subpoena must advise you of the right to petition the South Dakota court to quash or modify it under SDCL 15-6-45(b) (SDCL 15-6-28.3).

Q: How does South Dakota handle a subpoena from another state?

Under SDCL 15-6-28.3, a subpoena for an out-of-state case must advise you of the right to petition the South Dakota court to quash or modify it under SDCL 15-6-45(b).

Q: Must South Dakota parties get notice of a documents subpoena?

Yes. Under SDCL 15-6-45(b), notice and a copy of a documents subpoena must be served on each party before it is served on the recipient.

Q: Is there an official form for a South Dakota motion to quash?

This page does not point to an official statewide form. Ask the clerk of the court where the action is pending whether it has a form or local filing requirements.

SDCL 15-6-45(b): move promptly and at or before the time specified in the subpoena for compliance.

Find out where you stand in South Dakota

What kind of subpoena are you dealing with?

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Introduction

SDCL 15-6-45 governs. Move to quash or modify promptly and at or before the compliance time. For a deposition document subpoena, you may serve a written objection within ten days after service, or by the compliance time if sooner. Never ignore a subpoena.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as SDCL 15-6-45 allows. A subpoena issued by an attorney must carry a bold warning to treat it as a court order, citing SDCL 15-6-45(b)-(g) (SDCL 15-6-45(a)). Non-compliance can lead to contempt (SDCL 15-6-45(f)).
2
South Dakota has its own subpoena rule, SDCL 15-6-45. Its quash standard is whether the subpoena is 'unreasonable and oppressive' (SDCL 15-6-45(b)).
3
A motion to quash or modify must be made 'promptly and in any event at or before the time specified in the subpoena for compliance' (SDCL 15-6-45(b)). Waiting until the compliance time is not a safe plan.
4
Separately, for a deposition document subpoena, a written objection to inspection or copying may be served on the attorney designated in the subpoena within ten days after service, or on or before the compliance time if that is less than ten days after service (SDCL 15-6-45(d)(1)). An objection and a motion to quash are different steps.
5
The court may quash or modify a subpoena that is unreasonable and oppressive, and may condition denial of the motion on advancement of the reasonable cost of producing the material (SDCL 15-6-45(b)). A protective order is also available to guard against annoyance, embarrassment, oppression, or undue burden or expense (SDCL 15-6-26(c)).
6
A motion for a protective order under SDCL 15-6-26(c) must be accompanied by a certification of good-faith conferral. SDCL 15-6-45(b) itself does not state that requirement. That motion goes to the court where the action is pending, or alternatively the circuit where the deposition is to be taken. Expense-shifting under SDCL 15-6-37(a)(4) applies to protective order motions.
7
Before a documents subpoena is served on you, notice and a copy must be served on each party (SDCL 15-6-45(b)). For an out-of-state case, the subpoena must advise you of the right to petition the South Dakota court to quash or modify it under SDCL 15-6-45(b) (SDCL 15-6-28.3).

Key decisions before you file

Before you file a Motion to Quash in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.

Open the Motion to Quash guide

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IN THE [COURT WHERE THE ACTION IS PENDING] [COUNTY] COUNTY, SOUTH DAKOTA

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

Civil File No. [CASE NUMBER]

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [A NON-PARTY OR A PARTY] to this action and the person to whom a subpoena was directed. Under SDCL 15-6-45(b), Movant moves the Court to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, served on [DATE OF SERVICE], commanding [APPEARANCE AT DEPOSITION, PRODUCTION OF DOCUMENTS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

This motion is made promptly and at or before the time specified in the subpoena for compliance. [IF APPLICABLE: Movant served a written objection to inspection or copying on [ATTORNEY DESIGNATED IN THE SUBPOENA] on [DATE OF OBJECTION].]

GROUNDS

Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena is unreasonable and oppressive. STATE FACTS: [FACTS].]

[IF APPLICABLE: (b) A protective order is warranted to protect Movant from annoyance, embarrassment, oppression, or undue burden or expense under SDCL 15-6-26(c). STATE FACTS: [FACTS].]

CERTIFICATION OF GOOD-FAITH CONFERENCE

[IF APPLICABLE: A PROTECTIVE ORDER IS REQUESTED: Under SDCL 15-6-26(c), Movant certifies that Movant conferred in good faith with [NAME OF ISSUING ATTORNEY OR UNREPRESENTED PARTY] on [DATE(S)] by [METHOD] in an effort to resolve this dispute without court action. The matter was not resolved.]

RELIEF REQUESTED

Movant asks the Court to (a) quash the subpoena; (b) in the alternative, modify it as follows: [REQUESTED MODIFICATION]; (c) [IF APPLICABLE: enter a protective order limiting [SCOPE]]; and (d) grant any other relief the Court finds proper.

Dated: [DATE]

[SIGNATURE] [NAME OF MOVANT OR ATTORNEY] [ATTORNEY BAR NUMBER, IF AN ATTORNEY] [ADDRESS] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE OF THIS MOTION], a copy of this motion was served on [NAME OF EACH PARTY OR COUNSEL OF RECORD AND THE ISSUING PARTY] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

South Dakota Requirements for Motion to Quash

Do Not Ignore the Subpoena
A subpoena must be obeyed unless objected to or quashed or modified as SDCL 15-6-45 allows; non-compliance can lead to contempt (SDCL 15-6-45(f)).
Prompt Motion at or Before Compliance
The motion must be made promptly and in any event at or before the time specified in the subpoena for compliance (SDCL 15-6-45(b)).
Ten-Day Written Objection
For a deposition document subpoena, a written objection to inspection or copying is served on the designated attorney within ten days after service, or by the compliance time if that is less than ten days after service (SDCL 15-6-45(d)(1)).
Unreasonable and Oppressive Standard
The court may quash or modify a subpoena that is unreasonable and oppressive, and may condition denial on advancement of reasonable production cost (SDCL 15-6-45(b)).
Protective Order Grounds
A protective order may protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense (SDCL 15-6-26(c)).
Good-Faith Conference Certification
A motion for a protective order must be accompanied by a certification of good-faith conferral (SDCL 15-6-26(c)).
Notice to Parties Before Service
Notice and a copy of a documents subpoena must be served on each party before service on the recipient (SDCL 15-6-45(b)).
Out-of-State Subpoenas
For an out-of-state case, the subpoena must advise the recipient of the right to petition the South Dakota court to quash or modify it under SDCL 15-6-45(b) (SDCL 15-6-28.3).
Expenses and Contempt
Expense-shifting under SDCL 15-6-37(a)(4) applies to protective order motions (SDCL 15-6-26(c)); contempt applies to non-compliance (SDCL 15-6-45(f)).

Frequently Asked Questions

How long do I have to object to a subpoena in South Dakota?

Is a South Dakota written objection the same as a motion to quash?

What is the deadline to file a motion to quash in South Dakota?

What are the grounds to quash a subpoena in South Dakota?

Do I have to confer with the other side before moving in South Dakota?

Which South Dakota court hears a motion to quash a subpoena?

How does South Dakota handle a subpoena from another state?

Must South Dakota parties get notice of a documents subpoena?

What happens if I ignore a South Dakota subpoena?

Is there an official form for a South Dakota motion to quash?

I was sued in South Dakota, not just subpoenaed. Is a motion to quash right?

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

South Dakota Requirements for Motion to Quash

Do Not Ignore the Subpoena

Prompt Motion at or Before Compliance

Ten-Day Written Objection

Unreasonable and Oppressive Standard

Protective Order Grounds

Good-Faith Conference Certification

Notice to Parties Before Service

Out-of-State Subpoenas

Expenses and Contempt

Frequently Asked Questions